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For Titus Annius Milo

Marcus Tullius Cicero · Parte 12

The law very wisely, and in a manner silently, gives a man a right to defend himself, and does not merely forbid a man to be slain, but forbids any one to leave a weapon about him with the object of slaying a man; so that as the object and not the weapon itself, is made the subject of the inquiry, the man who had used a weapon with the object of defending himself would be decided not to have had his weapon about him with the object of killing a man. Let, then, this principle remembered by you in this trial, O judges; for I do not doubt that I shall make good my defence before you, if you only remember—what you cannot forget—that a plotter against one may be lawfully slain. [cap.5] [12]

The next point is one which is often asserted by the enemies of Milo, who say that the senate has decided that the slaughter by which Publius Clodius fell was contrary to the interests of the republic. But, in fact, the senate has approved, not merely by their votes, but even zealously. For how often has that cause been pleaded by us in the senate? with what great assent of the whole body? and that no silent nor concealed assent; for when in a very full senate were there ever four or five men found who did not espouse Milo's cause? Those lifeless assemblies of this nearly burnt[4] tribune of the people show the fact; assemblies in which he daily used to try and bring my power into unpopularity, by saying that the senate did not pass its decrees according to what it thought itself, but as I chose.

And if, indeed, that ought to be called power, rather than a moderate influence in a righteous cause on account of great services done to the republic, or some popularity among the good on account of dutiful labours for its sake, let it be called so, as long as we employ it for the safety of the good in opposition to the madness of the wicked.